2008 ‘terror email’: MCOCA court transfers trial

In 2008, an e-mail was sent allegedly by IM to some media channels issuing a warning against terror attacks in Ahmedabad.

A special Maharashtra Control of Organised Crime Act court Wednesday transferred the trial in the alleged Indian Mujahideen terror email case to the Principal Judge of the city civil and sessions court.

In 2008, an e-mail was sent allegedly by IM to some media channels issuing a warning against terror attacks in Ahmedabad. The emails were traced to Mumbai. The accused were booked under various sections of the UAPA, MCOCA and Indian Penal Code.

Mahmood Pracha, the lawyer defending the accused, said that the special court had observed “in open court” that MCOCA charges have not been made against them. “The court found that the charges are not applicable against the 23 accused, which is why the court has transferred the case, “ he added.

Story continues below this ad

Earlier, the special judge AL Pansare had dropped charges under MCOCA against eight accused in the case relating to the 2012 serial blasts on Pune’s Jangli Maharaj (JM) Road. “MCOCA and UAPA operate under different fields and the ambit and scope of each is distinct from the other and a person cannot be identified as an offender under the two acts simultaneously,” the judge had observed.

Pracha argued that accused in the case were booked under the two laws for the same offence even when the UAPA covered every aspect of the alleged crime.” When both the acts are applied, the central Act UAPA overrides the state act MCOCA,” he added.

“There is no other evidence against the accused in the case apart from their confession statements. Under MCOCA, a case can be made out against them through their statements, which is not admissible under UAPA,” Pracha said.

mumbai.newsline@expressindia.com

Stay updated with the latest - Click here to follow us on Instagram

Tags:
mcoca court